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As litigants in American criminal proceedings, private persons generally are relegated to the role of defendant. Prosecutors acting on behalf of the government carry out the plaintiff's role, exercising exclusive control over the initiation and execution of criminal prosecutions. As a consequence, while private persons who are defendants in criminal proceedings are able to challenge prosecutors' decisions to prosecute and to have such decisions subjected to judicial review,1 in most jurisdictions such persons may not challenge prosecutors' decisions not to prosecute. However, private persons need not categorically be denied standing in such cases. Given a statute upon which to base a claim, private persons can successfully challenge the decisions of prosecutors not to prosecute.' Although federal law lacks such a statute, at least nine states have, or recently had, statutory schemes that potentially enable private persons to challenge prosecutorial inaction."

Private Challenges to Prosecutorial Inaction: A Model Declaratory Judgment Statute